Manmohan Sarin, J.

( 1 ) BY this order I shall be disposing of IA No. 7668 of 1989 and IA No. 6621 of 1990. IA No. 7668 of 1989 is filed by the plaintiff under Order XXXIX rules I and 2 CPC, seeking a restraint on the defendants from alienating, encumbering or parting with possession of property No. K-79b, Kalkaji, New Delhi. IA 6621 of 1990, is the application moved by defendant No. l for vacation of interim orders dated 3-10-1989 and 3-7-1990 by which the defendants were restrained from alienating, encumbering or parting with possession of the suit property.

(I) The application for injunction is filed in a suit for Specific Performance. The suit was filed on 3-1-1989. The plaintiffs case is that defendant No. 2 Mr. Kuljit Singh Gorkal, holding himself out to be the owner of house No. K-79b, Kalkaji, New Delhi, agreed to sell the same for a consideration of Rs. 13. 25 lacs to the plaintiff. A sum of Rs. 20,000. 00 was paid by the plaintiff to the defendant No. 2, who executed a receipt-cum- agreement dated 16-7-1988 acknowledging the receipt of the said sum of Rs. 20,000. 00 as token money.

(II) The case of the plaintiff further is that the defendant No. 2 had agreed to obtain all

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